Author Archives: rtushnet

Film on fandom’s future influcing copyright and politics

Posted on May 9, 2014 by rtushnet

PBS Digital discusses the Future of Fandoms, with mentions of yours truly, including my recent article for a festschrift for Henry Jenkins, and the Organization for Transformative Works.  Worth watching just for the fan art on screen. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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record-free consumer class action certified as ascertainable

Posted on May 8, 2014 by rtushnet

McCrary v. Elations Co., LLC, 2014 WL 1779243, No. EDCV 13–00242 (C.D. Cal. Jan. 13, 2014) The court certified a class alleging the usual California statutory claims against a supplement called Elations, whose label claimed a “clinically-proven combination” and/or “clinically-proven … Continue reading →

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Another exercise shoe settlement

Posted on May 8, 2014 by rtushnet

Vibram settles false advertising case over claims that its “foot gloves” could strengthen foot muscles and reduce injuries, which seems to be the opposite of the truth, at least according to Deadspin. http://tushnet.blogspot.com/feeds/posts/default?alt=rss

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intent to abandon isn’t enough for abandonment, 9th Circuit rules

Posted on May 7, 2014 by rtushnet

Wells Fargo & Co. v. ABD Ins. & Financial Services, Inc., — F.3d —, 2014 WL 806385 (9th Cir. Mar. 3, 2014) (don’t know how I missed this in March, but catching up now) Opinion below denying a preliminary injunction … Continue reading →

Posted in http://schemas.google.com/blogger/2008/kind#post, trademark | Leave a comment

Lifetime piling up: Aspen and new anti-first sale business models

Posted on May 7, 2014 by rtushnet

When I teach property, I generally don’t teach much IP because I’ve found I get frustrated with the necessary quickness of any coverage.  But they’ve come for my casebook, and so I must respond.  Aspen is making the next edition … Continue reading →

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Color and price aren’t actionable representations about product

Posted on May 2, 2014 by rtushnet

Boris v. Wal-Mart Stores, Inc., No. CV 13–7090 2014 WL 1477404 (C.D. Cal. Apr. 9, 2014) Plaintiffs sued Wal-Mart for deceptively marketing Equate Migraine and Equate Extra Strength Headache Relief (Equate ES).  Both allegedly have the exact same active ingredients … Continue reading →

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7-year ad campaign triggers Tobacco II’s reliance rules

Posted on May 1, 2014 by rtushnet

Dodson v. Tempur–Sealy International, Inc., No. 13–cv–04984, 2014 WL 1493676 (N.D. Apr. 16, 2014) Plaintiffs brought twenty-four claims under the laws of eleven states.  The alleged misrepresentations were that Tempur products are “formaldehyde free;” are “free of harmful VOCs [volatile … Continue reading →

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claims about conduct’s legality don’t violate Lanham Act

Posted on May 1, 2014 by rtushnet

Ameritox, Ltd. v. Millennium Laboratories, Inc., No. 11–cv–775, 2014 WL 1456347 (M.D. Fla. Apr. 14, 2014) Previously, there have been several opinions in this false advertising case between competitors in the urine testing market.  Here, Millennium won summary judgment on … Continue reading →

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Disparagement creates Lanham Act standing post-Lexmark

Posted on May 1, 2014 by rtushnet

First Mariner Bank v. Resolution Law Group, P.C., 2014 WL 1652550, No. MJG–12–1133 (D. Md. Apr. 22, 2014) FMB sued RLG for false advertising, unfair competition, and defamation, based on ads send to FMB customers.  The ads stated “that RLG … Continue reading →

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court certifies nationwide damages class for homeopathic products

Posted on May 1, 2014 by rtushnet

Forcellati v. Hyland’s, Inc., No. CV 12–1983, 2014 WL 1410264 (C.D. Cal. Apr. 9, 2014) Plaintiff sued for violation of New Jersey, California, and Missouri consumer protection laws (and breach of warranty), alleging that defendants misrepresented that their homeopathic products … Continue reading →

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